While every divorce requires legal dissolution of the marriage, those who have an uncontested divorce typically pay just one filing fee, while couples who contest issues may have to pay additional fees for motions, court reporting services, and other miscellaneous court expenses. The court must legally dissolve your marriage.
According to Martindale-Nolo research, the average hourly rate for a divorce lawyer was $270 and the average total cost for legal fees per spouse was $11,300 (though the median was $7,000). However, not all attorneys charge the same hourly rate.
DoNotPay is your friend when it comes to low-cost divorce. Here is our breakdown of the average uncontested divorce costs, including tips on how you and your spouse can keep your expenses down.
By reaching an agreement on how your marriage should be dissolved, you can generally avoid the cost of multiple court appearances. If your divorce is friendly, you may even be able to dispense with the services of an attorney.
If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500.
sixty daysIf your spouse does not timely file an answer after receiving service, your divorce is not yet final. Under Texas Law, you must wait sixty days from the date that you filed your original petition for divorce before you can finish your divorce. This sixty-day waiting period includes weekends and holidays.
To file your forms online, go to E-File Texas and follow the instructions. To file your divorce forms in person, take the Petition and additional starting forms (and copies) to the district clerk's office in the county you have determined is the correct county to file your divorce.
A default divorce is a form of uncontested divorce. A court will grant a divorce by default if summons have been served on the spouse and he or she does not respond within the allotted time period, the plaintiff can approach the court to have the matter set down for trial.
There is no need for a formal trial in an uncontested divorce. Most of the time, the judge will go ahead and grant the divorce under the agreed terms. In Texas, there is a mandatory waiting period until the divorce becomes law. This period is 60 days in most cases.
How Much Does an Uncontested Divorce Cost in Texas? The average cost of uncontested divorce in Texas ranges between $300 and $5,000, depending on whether lawyers are involved. In general, it is the cheapest and the quickest option available in any state.
However, a person can apply for low-income status, allowing them to file for an indigent divorce so the filing fee can be waived. Texas has set up a system where it is possible to get that fee waived. You must first fill out and file an affidavit of indigency form.
Under Texas Rules of Civil Procedure Rule 145, the divorce filing fee can be waived by filing an “affidavit of Indigency.” An “Affidavit of Indigency” basically asks a court to waive the filing fees because the filing party cannot afford them.